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Consumer Guarantees Act 1993

Miscellaneous provisions - General provisions

44: Assessment of damages in case of hire purchase agreements

You could also call this:

“How to get money back for faulty items bought on a payment plan”

If you buy something through a hire purchase agreement and the goods don’t meet the guarantees set out in this Act, you can claim damages. When deciding how much money you should get, the court will assume you were going to finish paying for the item. This is true even if you haven’t finished paying for it yet. The court will think about how much money you would have lost if you had paid for the whole item and it didn’t work properly. However, if there’s clear evidence that shows you weren’t going to finish paying for the item, the court might look at it differently.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM312865.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading
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Part 5 Miscellaneous provisions
General provisions

44Assessment of damages in case of hire purchase agreements

  1. The damages that a consumer may recover for a failure of goods supplied under a hire purchase agreement to comply with a guarantee set out in this Act shall be assessed, in the absence of evidence to the contrary, on the basis that the consumer will complete the purchase of the goods or would have completed that purchase if the goods had complied with the guarantee.

Compare
  • 1971 No 147 s 15